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Pavel @ Faysal Ahmed Vs. State, 2011, 40 CLC (HCD)
.... the trial of the case, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......nd there is no eye witnesses in this case and no body make any confession for implicating him and the allegation against the petitioner does not support the postmortem report and the petitioner is in custody since 06.09.09 without trial and there is no certainty as to when the trial will be commence..Category: Criminal Law | Date: | Hits: 48
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......rought home charge against the accused respondent and, as such, the impugned judgment of acquittal is illegal. He further submits that the deceased Golapi being maid servant of the accused was in the custody of the accused and in the absence of proper explanation required under section 106 of the Ev..Category: Criminal Law | Date: | Hits: 60
Md. Abdus Samad alias Kalu and others Vs. State, 2010, 39 CLC (HCD)
....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... of the petitioners appears to be doubtful and since the trial has not been started and the petitioners have voluntarily surrendered before the court for trial and for more than 15 months they are in custody and as such the petitioner No.2 may be enlarged on bail and the other petitioners, who have ..Category: Criminal Law | Date: | Hits: 58
Md. Hukum Ali Mollah Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... it was exculpatory in nature and petitioner has got fair chance of acquittal in this case and the co-accused Samir Kumar Shaha and Md. Kachher Ali have been enlarged on bail and the petitioner is in custody for more than 4 years without trial and there is no certainty as to when the trial will be c..Category: Criminal Law | Date: | Hits: 66
Md. Abdur Rouf alias Lengra Rouf Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......he FIR, seizure list and the charge sheet submits that there is nothing on record to implicate the petitioner in the so called incident and he has simply been arrested on mere suspicious and he is in custody since 14.6.2010, and till now since the trial has not been started and the case is remained ..Category: Criminal Law | Date: | Hits: 43
Md. Zamal Hossain alias Nata Zamal alias Zamal Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......sons. 3. Since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned advocate appearing for the petitioner submits that the petitioner is in custody since 21.6.2008. On perusal of the confessional statement it will appear that the confession..Category: Criminal Law | Date: | Hits: 59
Md. Khorshed Alam Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... but failed, since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned advocate appearing for the petitioner submits that the petitioner is in custody since 01.11.2010 and the case is lying before the court of Magistrate for trial and there is..Category: Criminal Law | Date: | Hits: 51
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ...... the charge sheet by the police on re-investigation of the case. He was arrested after submission of charge sheet against him…… There was apparently no question of discharge of the appellant from custody or from the case (para 4).” The facts of this case are almost similar with the facts of..Category: Criminal Law | Date: | Hits: 56
Karim Ullah alias Kalim Ullah Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......on the witnesses, till today no witness has turned up and there is no certainty as to when the trial will be concluded and the trial is delayed for no fault of the petitioner and the petitioner is in custody since 29.7.2009 without trial and as such he may be enlarged on bail. 6. The learned Assi..Category: Criminal Law | Date: | Hits: 65
Md. A. Razzak Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......in the so-called incident and the petitioner has got fair chance of acquittal in this case. He further submits that although the petitioner has voluntary surrendered before the court and remaining in custody for more than 3 years and the case was transmitted long before on 3.3.05 to the trial court ..Category: Criminal Law | Date: | Hits: 50
Md. Mahmudur Rahman alias Rasel and Others Vs. State, 2011, 40 CLC (HCD)
....nd reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... judgment and considering the deposition of the prosecution witnesses, we find that there is no illegality in the judgment, however considering the gravity of the offence as well as the tenure of the custody of the petitioner, we like to modify the sentence awarded to the petitioners and reduced to ..Category: Criminal Law | Date: | Hits: 43
Abdul Baten Vs. State, 2011, 40 CLC (HCD)
....e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......he impugned judgment and considering the deposition of the prosecution witnesses, we find that there is no illegality in the judgment, however considering the gravity of the offence and the tenure of custody of the petitioner, we like to modify the sentence awarded to the petitioner and reduced to h..Category: Criminal Law | Date: | Hits: 56
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......he spot and witnessed the occurrence. The witnesses present there then recovered stolen cows through accused Alai Meah and rest of the witnesses able to flee away, the said cows were then kept in the custody of Matsir Ali and the injured Ayub Ali, Tayeb Ali and Nasir were thereafter taken to the hos..Category: Criminal Law | Date: | Hits: 50
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
.... Lawyer—For the Condemned Prisoner Nos. 1-3. Muhammad Salahuddin with Md. Abu Hanif, State Defence Lawyers—For the Condemned-Prisoner Nos. 4, 5, 6 and 7. Death Reference No. 47 of 2006 with Jail Appeal No. 457 of 2006. Judgment Md. Ali Asgar Khan J. - This Death Reference under secti......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....d in: 58 DLR (2006) 607.......for 7 years for the second count of offence, with both the sentences to run concurrently. Learned Tribunal further deducted from the sentence of imprisonment the period the jail appellant had been in custody in connection with the offence before conviction in terms of the provision of section 35A of..Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... Md. Golam Kibria, Deputy Atlornev-General with Md. Moklesur Rahman Zahid, Assistant Attorney-General —For the State. Death Reference No. 36 of 2001 with Criminal Appeal No. 3800 of 2001 with Jail Appeal No. 3203 of 2001. Judgment Md. Ashfaqul Islam J. - This death reference No. 36 of ...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..Category: Criminal Law | Date: | Hits: 91
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Syed Sajjad Mainuddin Hasan @ Azad (In Criminal Appeal No. 3644 of 2003). Anisul Huq, Mosharraf Hossain and Khalilur Rahman Bhuiyan, Advocates—For the Condemned- Prisoners and appellants (In Jail Appeal No. 184 of 2004). Death Reference No. 98 of 2003 with Criminal Appeal No. 3644 of 200......penters used to stay in the tin-shed within the house premises. Moslem has been serving his family since 1967. He further stated that one set of keys of the doors and gate of the PO house were in the custody of condemned-prisoner Hasan and Badal for last 2/3 months for the purpose of renovation work..Category: Criminal Law | Date: | Hits: 70
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....MH and he found foreign body in his brain. He added that while the accused was attacked by epiliptic fit then he became unbalanced. 28. DW 3 Dr. Abul Khayer, Assistant Surgeon of the Dhaka Central Jail Hospital deposed that on 13-7-1992 the accused was admitted in the Dhaka Central Jail Hospital ......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..Category: Criminal Law | Date: | Hits: 70
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......he Senior Special Tribunal stating that the petitioner was a convicted accused of the instant case and the learned Judge of the Special Tribunal on the basis of that petition took the petitioner into custody and cancelled his bail and then the petitioner for the first time came to know about the jud..Category: Criminal Law | Date: | Hits: 65
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....r, AIR 1917 Bom 220; Lahori Vs. Emperor, AIR 1925 All 647; Musiaq Vs. Crown, AIR 1965. MP 137; Morari Vs. Crown AIR, 1919 Bom 160. Lawyers Involved: None appears—For the Parties. Criminal Jail Appeal No. 4069 of 2001. Judgment SK Sinha J. - This appeal at the instance of the convic......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393...Category: Criminal Law | Date: | Hits: 51
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